PEOPLE v. AMON RA (1997)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Prince AMON-RA, Defendant-Appellant.

Decided: May 13, 1997

Before SULLIVAN, J.P., and MILONAS, NARDELLI and WILLIAMS, JJ.

Vincent W. Rivellese, for Respondent. Eve Kessler, for Defendant-Appellant.

Judgment, Supreme Court, New York County (John Bradley, J.), rendered April 13, 1995, convicting defendant, after a jury trial, of assault in the second degree and criminal possession of a weapon in the fourth degree, and sentencing him, as a second felony offender, to concurrent prison terms of 31/212 to 7 years and 1 year, unanimously affirmed.

There was ample evidence that the complainant suffered “physical injury” within the meaning of Penal Law § 10.00(9) (see, People v. Rojas, 61 N.Y.2d 726, 472 N.Y.S.2d 615, 460 N.E.2d 1100), consisting of an inch-deep stab wound near the kidneys, resulting in, inter alia, overnight hospitalization with the use of a catheter and intravenous fluids to relieve difficult urination.

We perceive no abuse of sentencing discretion.

MEMORANDUM DECISION.

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